In a construction site, safety precautions are always the workers’ responsibility to follow and submit to. This means that any accident caused by non-compliance to safety rules generally allow construction companies to be free from any legal liability, and it may seem unfair for companies to be held responsible when the injuries was due to the mistakes done by the worker. It is generally state law for construction workers to abide to company safety procedures; however, if the construction company has failed to give the necessary safety training that lead to a worker being injured, they can be held accountable.

There are instances where a construction company can be sued for injuries and damages even if the accident was caused by their worker. Based on many kinds of cases tackled by Crowe & Mulvey, LLP, an injured worker can file and win a lawsuit against their company if they can prove that the injuries was directly caused by inadequate or improper safety training. Just as with any personal injury lawsuit, three important elements should be proven in order to make the claim valid: the duty to provide safety training, the breach of this duty, and the breach of duty being the immediate cause of the injuries.

The laws can be complex and each state can have their own set of rules, but it is typically the company’s legal obligation to guarantee the worker’s safety training as an important part of the worker’s employment. It is generally the rule for construction companies not to assume that the person they hired for the job knows and understands the safety rules and requirements that the job comes with. Providing the proper safety equipment and training in ensuring that the worker knows how to perform the task safely and effectively should be made a part of their hiring process. Failing to provide such safety necessities would be a breach of the company’s duty and would make them liable for any injury that may happen due to their negligence in safety training. Likewise, proof should be presented to show that the injuries are due to the construction company’s negligence.